Case Note & Summary
The petitioner, son of the murdered Radhey Shyam, sought the transfer of a murder case from Haridwar to Delhi under Section 406 of the Code of Criminal Procedure, 1973, citing threats to witnesses and concerns over the integrity of the investigation. Radhey Shyam, a Superintending Engineer, was murdered on June 18, 2006, leading to widespread public outcry and a high-profile investigation involving the Special Task Force. The petitioner claimed that threats from the accused's associates had rendered witnesses unwilling to testify, with one key witness turning hostile due to fear. Despite multiple requests for protection, no effective measures were taken by the authorities. The State of Uttarakhand countered that the investigation was competent and that the transfer would prejudice the accused. However, the court emphasized the importance of witness protection and the need for a fair trial, referencing previous judgments that highlighted the necessity of ensuring justice is not only done but seen to be done. Ultimately, the court found that the circumstances warranted the transfer of the case to Delhi to safeguard the witnesses and facilitate a fair trial, directing the relevant authorities to take necessary protective measures and expedite the trial process.
Headnote
A) Criminal Procedure - Transfer of Criminal Case - Grounds for Transfer - Code of Criminal Procedure, 1973, Section 406 - The petitioner sought transfer of a murder case due to threats to witnesses and lack of impartial investigation. The court found reasonable apprehension of justice failure and ordered the transfer to ensure witness safety and fair trial. Held that the transfer was necessary to uphold justice (Paras 17-18).
Issue of Consideration
Whether the murder case should be transferred from Haridwar to Delhi due to threats to witnesses and concerns over fair trial.
Final Decision
The Supreme Court ordered the transfer of the murder case from Haridwar to Delhi, citing threats to witnesses and the need for a fair trial. The court directed the relevant authorities to ensure witness protection and expedite the trial process.
Law Points
- Transfer of criminal case
- witness protection
- fair trial
- reasonable apprehension of justice failure
- Section 406 Code of Criminal Procedure
- 1973
